Divisional Court Guidance on “Proper Support”

by: , February 26, 2015

Bonnie and Danny had a 12 year common law relationship. In a modern twist on the typical fact scenario, Bonnie was the older, successful business woman and Danny was the younger man who left his job at Bonnie’s car dealership to look after things at home. At trial, Justice Greer found that they were very…read more

Dependant’s Relief and Competing Claims

by: , October 3, 2014

In the recent case of Cowderoy v. Sorkos Estate, 2014 ONCA 618, the Ontario Court of Appeal considered the question of how competing claims against an estate are to be appropriately balanced. Gus Sorkos and Victoria Cowderoy were in a common-law relationship until Victoria’s death in 2001.  During that time, Gus became close with Victoria’s…read more

Calculating Dependant’s Support – A View from the Divisional Court

by: , October 3, 2014

The background in Quinn vs Carrigan is well known to estate and family law litigators as the parties have been involved in extensive litigation, including two trials and two appeals.  The first trial and its subsequent appeal, which focused on the issue of who is a “spouse” pursuant to the Pension Benefits Act, led to…read more

Adding Parties And Dependant’s Support

by: , September 17, 2014

Can individuals who may have an obligation to support a person making a dependant’s support claim against an estate be added as parties to the support claim? That was the question before the court in Brash v. Zyma. The short answer? Yes. In 2012, Charles Douglas Brash died. At the time of his death, he had…read more